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Articles 61 - 85 of 85
Full-Text Articles in Law
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby
The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby
Articles
No abstract provided.
The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton
The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton
Articles
No abstract provided.
The Issuer's Paper: Property Or What? Zero Basis And Other Income Tax Mysteries, Elliott Manning
The Issuer's Paper: Property Or What? Zero Basis And Other Income Tax Mysteries, Elliott Manning
Articles
No abstract provided.
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part Ii—Creditor Representatives, Bank Receivers, Fixtures, Crops, And Accessions, David G. Carlson, Paul M. Shupack
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part Ii—Creditor Representatives, Bank Receivers, Fixtures, Crops, And Accessions, David G. Carlson, Paul M. Shupack
Articles
No abstract provided.
Law And Language: An Historical And Critical Introduction, Peter Goodrich
Law And Language: An Historical And Critical Introduction, Peter Goodrich
Articles
No abstract provided.
Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper
Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper
Articles
The purpose of these few pages is to show that the calculus of appeal timing is inherently complex. If we are to continue the effort to capture the calculus in rules, the rules will be correspondingly complex. The complex rules will have some virtues; nonetheless, the rules also are likely to generate misunderstanding and may tend to produce undesirable results. It is very tempting to replace the rules with a flexible system that relies largely on discretion to determine the occasions for appeal before a truly final judgment. Whether a flexible system has now become appropriate depends on the same …
Efficiency Justifications For Personal Property Security, James J. White
Efficiency Justifications For Personal Property Security, James J. White
Articles
In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …
The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert
The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert
Articles
In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …
Death And Subordination Under Article 9 Of The Uniform Commercial Code: Senior Buyers And Senior Lien Creditors, David G. Carlson
Death And Subordination Under Article 9 Of The Uniform Commercial Code: Senior Buyers And Senior Lien Creditors, David G. Carlson
Articles
No abstract provided.
Antitrust Issues In The New Video Media, Monroe E. Price, Mark S. Nadel
Antitrust Issues In The New Video Media, Monroe E. Price, Mark S. Nadel
Articles
No abstract provided.
Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine
Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine
Articles
No abstract provided.
The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky
The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky
Articles
No abstract provided.
A Response To Fish And White, Richard H. Weisberg
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Articles
No abstract provided.
Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam
Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam
Articles
No abstract provided.
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack
Articles
No abstract provided.
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Articles
No abstract provided.
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Articles
Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …
Comments On 'Tax Neutrality Between Equity Capital And Debt', Douglas A. Kahn
Comments On 'Tax Neutrality Between Equity Capital And Debt', Douglas A. Kahn
Articles
Professor Andrews' proposals are aimed at eliminating a tax bias that affects a corporation's choice of a method of raising additional capital. Professor Andrews believes that the current tax system favors a corporation which raises capital internally by accumulating its income (or by borrowing) rather than by issuing stock. Professor Andrews seeks a neutral system that permits the choice of the manner in which capital is raised to be made on economic grounds without influence of the tax laws.
The Bildisco Case And The Congressional Response, James J. White
The Bildisco Case And The Congressional Response, James J. White
Articles
Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Articles
This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.
The Moral Responsibility Of Law Schools, Terrance Sandalow
The Moral Responsibility Of Law Schools, Terrance Sandalow
Articles
The subject I have been asked to address, the moral responsibility of-law schools, is perplexing, less because answers to the implicit question are uncertain than because the meaning of the question is unclear. Our ideas about moral responsibility have been formed in reference to individuals. They presuppose the existence of distinctively human characteristics such as understanding and will. What, then, can be meant by the moral responsibility of "law schools," institutions that, just because they are not human, necessarily lack these capacities?
Legal Theory And The Obligation To Obey, Philip E. Soper
Legal Theory And The Obligation To Obey, Philip E. Soper
Articles
Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.